The McCook tribune. (McCook, Neb.) 1886-1936, 1887-01-13

Your constitution taS been AMENDED.
Great care should be taken to distinguish. and
the distinction should be clearly made. between
the belief, wants. needs or desires or a special
class or profession, and the needs of or the belief
among the great body of the people as 10 the
necessity or adviSabilty OF proposed amend
ments. In this matter, as in all other matters,
the good sense and Intelligence OF the people may
be trusted. and l firmly believe that when IL snau
have been made clear to reasonable men through
continued discussion and agitation by the press
OF the state, AMI from the platform. that an
amendment is needed, it Will be made. with
reference 10 the state having outgrown the pres
ent constitution it may be said that amendments
providing for an increase Of the salaries and the
number OF our supreme court, salaries OF state
officers and members OF the legislature, an
amendment most carefully guarded and re-
stricted providing for needed auxiliary boards,
an amendment providing that the peo-
pie may vote upon amenanlenIs at
elections for that purpose, thus enabling them to
judge of the merit or need of propose changes,
standing alone and relieved from disturbing side
issues would leave our present constitution well
nigh perfect in its provisions. That which had
been approved by the seyerest tests OF time and
experience in older states was taken as a guide In
the formulating of this instrument. The rights
OF individuals are fully protected, and 1t is ex-
preSsly provided in the bill of rights that the
enumeration of rights Lherein contained shall not
be construed to impair or deny Others retained
by the people, and that all powers not herein e1-
pressly delegated remain with the people. Tbs
several articles relating to the distribution OF the
powers of the state government. executive de-
partment, judiciary. revenue and finance. educa-
ton, and state, county and municipal indebted
ness when changed as above indicated, will stand
the severest criticism. The article relating to
corporations, railroad, municipal and miscellan-
eous, with its carefully guarded limitations and
restrictions as to their rights or grants of power,
Is such as TO place them entirely subject to your
control and could not well be strengthened.
In conclusion it may he said that under the
present constitution the power preserved to and
vested In the people is absolute. and it therefore
follows that change as needed should be made by
amendment and not through the expensive me-
dun of a constitutional! convention.
LIND DEPARTMENT.
4 condensed history of the several grants Of
land made by the general government to the state
for educational purposes will prove OF Interest.
The enabling act passed by congress, and APP
proved by the president AL l., 1861, satitisi
Nebraska to form a constitution and state gov
eminent, and for the admission Of such state into
the union on an equal footing with other states,
embodied provisions making grants of land as fol-
numbered sixteen and thirty-six in every town.
ship, or their equivalent in other lands,
purpose 2.745, 0i0 acres. For public buildings, q
grant OF twenty entire sections, amounting TO r.
500 acres. Fer the erection of a penitentiary,
fifty entire sections. amounting to S2,oO acres.
For the use and support of a state university,
seventy-two sections. amounting to 46,0SO acres.
Location Of salt springs, not exceeding twelve In
contiguous 10 each. $3.50 acres. From these ss
line lands the legislature. by an act approved
June 20, 1867, entitled AN act to locate, establish
and endow a state normal school, selected and
caused to be set apart rs an endowment for said
school twenty sections, amounting to 1880 acres.
An act of congress, approved July 2, 1862, en-
titled An act donating public lands TO the several
states and territories which may provide colleges
for the benefit of agriculture and mechanic arts.
including military tactics, a Quanty equal to 10000
acres for each senator and representative IN con-
greSS," under which provision we received
for the use and support of an agricultural col
lege 10000 acres of land. An act of
the legislature, which took effect June 81.
1867, united the Agricultural college and State
university as one institution. The very full and
comprehensive tables contained in the report of
the commissioner of public lands and buildings
present the exact status of these several grants OF
land. giving the number of acres unSold, the num-
Der of acres under lease and sale contracts, re-
Spectively. and the amount credited to tie several
funds arising from the sale OF lands, and the IL
come thereof.
The property in the city of Lincoln, reported in
my last message as in bad condition, and as re-
turning but small revenue to the school fund, has
been sold for the sum of S22,500, which is drawing
interest at the rate of 8 per cent per annum. In
the matter of lots in the city of Lincoln owned by
the state, and to which the attention of the legis-
lature has heretofore been directed. it is recon-
mended by the board of public lands and build
ings, and concurred in by me. that said lots, 3j
in lumber be sold, and the proceeds applied to-
ward the finishing Of the Capitol building. Action
can be taken in this matter only as provided by
the legislature. Your attention is called
to the resolution OF the board of edqca.
such action by the legislature as may be neces-
sary for the protection of the lesSeeS and pur-
chasers of educational lands heretofore leased
without having been first advertised and offered
at public sale. A description of these lands VIII
be found in the report of land commissioner.
The school fund has been fully protected, and it
| will be your duty to furnish all needed protection
to these innocent leSSees and purchasers. The
question OF whether lands that are appraised
below the minimum price at which they may be
sold under the constitution shall be offered for
sale before they are subject to lease has never
been passed upon by our courts, and the question
is one that involves grave doubt. The safer con-
| struction of the law has been followed, save as
above, and all lands advertised and offered for
sale before leasing them. The labor of this de-
partment has increased rapidly from year to
year, and you should provide additional clerical
force as requested. The severe test of actual
comparison will convince any who may doubt
that the school lands and funds of Nebraska are
in condition second to those of no other state,
and such as may well excite the envy of others
who, having received the same munlficent
grants. have managed them less wisely. With
the foundation thus safely laid, we need feel no
further apprehension as to the cause of popular
education in Nebraska.
RAILROAD LEGISLATION.
While the question of railroad legislation has
been for wears a fruitful theme for discussion,
the laws enacted prior to the session of 1885 were
of little practical utility, and afforded small relief
for the honestly entertained grievances. of the
! Question demands at the hands of a legislative
| Cody a most thorough consideration of all inter-
eStS involved. There exists between the people OF
the state and the railroads a community OF inter-
est that should be kept constantly in view, which,
il given its proper weight, will, in the settlement
Of points at issue. result in good to both. The
wisdom of a properly constituted commission,
with power TO arbitrate and decide between
the people ana the railroads upon exist
ing matters of difference is no
longer questioned. The system is ap-
proved: the only difference being with reference
to the extent Of its powers. The law passed at the
last session of the legislature, providing for a
board of railroad commissioners, and defining
their duties and powers, while not as radical in lis
provisions as desired by some, was nevertheless a
step in the right direction, and has been pro-
| ductive of good to the people. The report of this
board, containing such facts. statements and eX-
plantations as will disclose the actual working of
the system of railroad transportation in this state,
and It's relation to the general business of the
citizens of the state, and such suggestions and
recommendations in respect thereto" as have
seemed to them appropriate. and as required ry
law, has been FLED with the governor, and, as it
seems to me, needs only a careful reading 10 con-
| vince the intelligent and unprecedented
mind of the value of their work. Their
discussion of existing laws is thorough. and their
presentation of the intricate and welghty queS-
| lions embracing the subject Of transportation
rates. is strong and able. The several sugges-
tons and recommendations contained in this
| report embody the results of study and investi-
cation upon the part of commissioners, and
| should have great weight. Within the state your
powers are clearly defined and undisputed, but
for needed protection of Interstate We
look to the national Legislature. The bill re-
ported by the conference committee of the two